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NEGLIGENCE),STRICT LIABILITY,AND OTHERWISE FOR(a)LOSS OF <br /> GOODWILL OR REPUTATION; (b) EXCEPT AS EXPRESSLY PROVIDED IN THE <br /> SERVICE LEVEL AGREEMENT, USE,INABILITY TO USE,LOSS, INTERRUPTION, <br /> DELAY OR RECOVERY OF THE SERVICE;(c) COST OF REPLACEMENT GOODS OR <br /> SERVICES;OR(d)LOST REVENUES OR PROFITS OR INDIRECT,SPECIAL, <br /> INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED OR PUNITIVE <br /> DAMAGES,IN EACH CASE REGARDLESS OF WHETHER SUCH PERSONS WERE <br /> ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES <br /> OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING <br /> THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL <br /> PURPOSE.IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF <br /> NextRequest AND ITS SUCCESSORS,LICENSORS,SERVICE PROVIDERS AND <br /> SUPPLIERS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ITS SUBJECT <br /> MATTER,WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, <br /> TORT(INCLUDING NEGLIGENCE),STRICT LIABILITY OR ANY OTHER LEGAL OR <br /> EQUITABLE THEORY EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY <br /> CUSTOMER TO NcxtRcqucst UNDER THIS AGREEMENT ONE HUNDRED <br /> THOUSAND DOLLARS($100,000).THE FOREGOING LIMITATIONS APPLY EVEN <br /> IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.TO THE EXTENT <br /> APPLICABLE LAW PROHIBITS THE FOREGOING LIMITATION OF LIABILITY, <br /> NEXTREQUEST'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED <br /> BY APPLICABLE LAW. <br /> 12.4. Nothing in this Agreement limits or excludes either Party's liability for its gross <br /> negligence or willful misconduct. <br /> 13. Payments Processing.This section applies to Customers who use the Payments Module. <br /> The Payments Module is made available through agreement(s)with Stripe,Inc., the terms of <br /> which are available at https://stripe.com/us/legal. By electing to use the Payments Module, <br /> Customer agrees to abide by the relevant terms of NextRequest's agreements with Stripe, <br /> Inc., including without limitation terms relating to compliance with applicable laws, data <br /> privacy, and permitted and prohibited uses.Transactions processed using the Payments <br /> Module are handled directly between Requesters, Customer and Stripe and NextRequest <br /> does not receive sensitive financial information(such as credit card or bank numbers) <br /> relating to the transactions. The only data made available to NextRequest is a record of the <br /> transaction including invoice information and the amount of the transaction. <br /> 14. General <br /> 14.1. Governing Law.This Agreement will in all respects be governed by and construed <br /> and enforced in accordance with the laws of the State of California, without respect to <br /> conflict-of-laws principles. <br /> 14.2. Arbitration. Any controversy or claim arising out of or relating-to this Agreement,or <br /> the breach thereof,will be settled by binding arbitration by a single arbitrator in <br /> accordance with the Commercial Arbitration Rules of the-American Arbitration <br />